| Case ID |
00644a5f-d142-4368-9c7c-97bbc0dadf76 |
| Body |
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| Case Number |
Crl. A. No. 35 of 2009 |
| Decision Date |
Dec 17, 2009 |
| Hearing Date |
|
| Decision |
The appeal filed by the appellants was dismissed as it lacked merit. The Court found that the testimonies provided by the complainant and his father were credible and supported by medical evidence. Despite claims of contradictions and the relationship between witnesses and accused, the Court emphasized that interested witnesses can be believed if their testimony is corroborated by other evidence. The earlier conviction and sentence handed down by the Additional Sessions Judge, Lakki Marwat, were upheld. The complainant's revision seeking enhancement of the sentence was also dismissed, as the Court found no grounds for increasing the penalty imposed on the appellants. |
| Summary |
In the case of Crl. A. No. 35 of 2009, the Peshawar High Court addressed the appeal of two accused, Inamullah Khan and Gul Zaroof, who were convicted under Sections 324 and 34 of the Pakistan Penal Code for attempting to murder Zareen Khan. The incident occurred on 14/10/2009, when the complainant, accompanied by his father, was attacked by the appellants armed with pistols. The Court evaluated witness testimonies, medical evidence, and the arguments presented by both the defense and prosecution. The judges concluded that the testimonies were credible and corroborated by medical reports, which established the facts of the case. The Court reaffirmed that even if witnesses have a vested interest, their accounts can be valid if supported by other evidence. The appeal was thus dismissed, and the original sentence was upheld. This case highlights critical aspects of witness credibility, evidentiary standards, and the legal principles governing the evaluation of testimonies in criminal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ATTAULLAH KHAN
|
| Lawyers |
Mr. Sultan Sheheryar Khan Marwat,
Mr. Jamal Abdul Nasir,
Mr. Muhammad Ismail Alizai
|
| Petitioners |
ANOTHER,
INAMULLAH KHAN
|
| Respondents |
ANOTHER,
STATE
|
| Citations |
2010 SLD 907,
2010 PLJ 440
|
| Other Citations |
PLJ 1974 SC 134,
1969 P.Cr.LJ 1168,
1969 PCr.LJ 1565,
PLD 1977 SC 413
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
324,
34
|